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  • Civil Guidance
  • Availability of advice and assistance

Definition of advice and assistance

Read the definition of advice and assistance provided in the Legal Aid (Scotland) Act 1986, and what is meant by ‘representation’ in the context of A&A.

Availability; Scots Law; Advice and Assistance; Representation; ABWOR; Section 6 Legal Aid (Scotland) Act 1986

  • Civil Guidance
  • Availability of advice and assistance

Matters covered by civil advice and assistance

Find out about the extent to which advice and assistance is available for covering matters in different contexts, including outwith Scotland.

Scots Law UK Law Foreign Law Availability Jurisdiction covered A&A what is covered

  • Civil Guidance
  • Availability of advice and assistance

Granting standard advice and assistance

Read about the two forms of advice and assistance, and when you need prior approval to give standard A&A.

uplift from diagnostic to standard diagnostic A&A standard A&A diagnostic increase

  • Civil Guidance
  • Availability of advice and assistance

Matters covered by a diagnostic interview

Find out about the matter types and the tasks that may be covered by diagnostic advice and assistance.

Diagnostic A&A extent of cover

  • Civil Guidance
  • Availability of advice and assistance

Choosing the correct A&A category code: Civil or Children’s

Read our guidance on choosing the correct category code for certain matters under A&A, to understand when a matter falls under Civil or Children’s A&A.

Civil A&A Childrens A&A Civil Family issues FAM choosing picking selecting category code A&A CHSA

  • Civil Guidance
  • Availability of advice and assistance

Diagnostic advice and assistance matter categories

View the list of categories that are covered by diagnostic advice and assistance (e.g. benefits, prison rules), and their associated category codes.

Diagnostic Category Codes

  • Civil Guidance
  • Availability of advice and assistance

Policy and procedure where providing a diagnostic interviews only or multiple interviews

Find out how often you can grant diagnostic A&A and the associated procedures for doing so.   

Diagnostic A&A Further Diagnostic in 3 months Diagnostic procedures

  • Civil Guidance
  • Availability of advice and assistance

Moving from a diagnostic interview to standard advice and assistance: when and how to do this

Find out how to apply for an uplift from diagnostic to standard A&A, factors you should address in your application and the implications for payment.

Diagnostic Uplift Diagnostic to Standard Diagnostic Increase

  • Civil Guidance
  • Availability of advice and assistance

Approved subject matters for standard advice and assistance: deciding whether a matter is ‘distinct’

Find out how to determine if a further grant of civil A&A is required for a ‘distinct matter’, and a list of approved categories for standard A&A.

Duplicate grant Distinct grant Multiple grants of A&A List of Standard A&A case types  

  • Civil Guidance
  • Availability of advice and assistance

Civil advice and “representation”: steps which can and cannot be taken before a court or tribunal

Find out what work can be carried out under A&A and ABWOR before a court or tribunal.

Civil ABWOR Steps in proceedings

  • Civil Guidance
  • Availability of advice and assistance

Relationship with civil legal aid applications

Read about how A&A interacts with civil legal aid applications; including A&A where civil legal aid is refused or not available.

Civil A&A Civil Legal Aid

  • Civil Guidance
  • Availability of advice and assistance

Who may provide civil advice and assistance?

Find out who may provide civil advice and assistance, and elements which may be undertaken by trainees or unqualified staff.

Solicitor Trainee solicitor Unqualified staff Paralegals

  • Civil Guidance
  • Availability of advice and assistance

Who can receive advice and assistance?

Find out who can receive A&A, and read guidance on availability of A&A for any client with other rights and facilities.

Person Child Under 16 Representative Capacity Company Body Club Firm Partnership Society Association Other rights and facilities Trade Union Home Insurance Car Insurance Policy Section 6

  • Civil Guidance
  • Availability of advice and assistance

Commencement of advice and assistance: the relevant date

Find out at what point A&A work becomes chargeable, and the relevant date to complete on the application.

Applicant signature Solicitor signature Eligibility Financial Assessment Regulation 8 Chargeable Work

  • Civil Guidance
  • Availability of advice and assistance

The role of unqualified persons in the provision of advice and assistance

Read about the potential roles of unqualified persons in the provision of advice and assistance.

Unqualified staff

  • Civil Guidance
  • Availability of advice and assistance

Questions to ask your client in determining whether to grant advice and assistance

Read a list of key questions you may wish to ask different categories of clients (including children) in determining whether you may grant A&A.  

Child Representative Capital Income Property Partner Married Co-Habiting Aggregating Resources Conflict of Interest Contrary Interest

  • Civil Guidance
  • Availability of advice and assistance

Client information and satisfying yourself on eligibility before granting

Find out about satisfying yourself of your client’s financial eligibility before admitting to them to Advice and Assistance.     

Eligibility Income Capital Verification     

  • Civil Guidance
  • Availability of advice and assistance

List of your responsibilities

Read a list of your personal responsibilities in admitting your clients to Advice and Assistance.     

Eligibility Previous Advice and Assistance ABWOR Other rights and facilities

  • Civil Guidance
  • Availability of advice and assistance

TOOL: apply for/oppose an order under the Adults with Incapacity (Scotland) Act 2000

Use our interactive flowchart to view guidance about each step of applying for or opposing an order under the Adults with Incapacity (Scotland) Act 2000.

AWI order AWI application adults with incapacity oppose AWI order apply AWI order Adults with Incapacity (Scotland) Act 2000

  • Civil Guidance
  • Advice and Assistance application procedures

Completing the advice and assistance application form

Find out about the process for completing a civil Advice and Assistance application, including what you need to tell, how, and when.

Diagnostic Standard A&A advice other rights and facilities authority to grant

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance and the assessment of financial eligibility

Read about how your client’s financial eligibility is assessed for the purposes of civil advice and assistance, including information on client contributions.

Financial Assessment Eligibility Eligibility limit Keycard disposable income Capital; Savings Property Contribution

  • Civil Guidance
  • Advice and Assistance application procedures

Financial eligibility of children for advice and assistance (non-criminal matters)

Find out about how we assess the financial eligibility of children applying for A&A, including a definition of ‘child’ and a discussion of resource aggregation.

Child Child Application for A&A Alimentary Obligation Aggregating of resources Parents Provider of aliment Unjust Inequitable Student Further education College University Family Law Act 1985 Children’s bank accounts

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance for reciprocal enforcement of maintenance orders: special eligibility arrangements

Information about special arrangements for client eligibility for A&A under Reciprocal Enforcement orders

Income Capital advice and assistance eligibility Reciprocal Enforcement maintenance orders Maintenance Orders Act 1972 exemptions

  • Civil Guidance
  • Advice and Assistance application procedures

Financial eligibility for advice and assistance: evidence you must supply

Find out about the types of income and capital verification required for the admittance to Civil Advice and Assistance.

Income Capital Eligibility for advice and assistance financial evidence financial verification keycard Earnings Payslips P60 Self-employed earnings Business Accounts Self-Assessment tax return Benefits Benefit Award letters Bank accounts Business bank accounts Bank statements Property valuation Mortgage statement Investments No verification

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance applications: the applicant’s declaration

Read about the importance of obtaining your client’s signed declaration as part of the A&A application and what they should understand when signing.

Declaration Mandate Capital Mandate client signature signing date client consent 7 Day Assessment Period Contact 3rd Parties contact third parties Other Bodies Property Recovered or Preserved False Declaration Quality Assurance

  • Civil Guidance
  • Advice and Assistance application procedures

Telephone grants of advice and assistance

Information on when clients may be admitted to Civil Advice and Assistance over the telephone.

Admittance to A&A Telephone grant posting the application 14 days to submit

  • Civil Guidance
  • Advice and Assistance application procedures

Granting advice and assistance: timescales for notifying us

Find out about the timescale for submitting a Civil Advice and Assistance application and late notifications.

Application deadline Commencement Date 14 Days payment of account late notification

  • Civil Guidance
  • Advice and Assistance application procedures

Identifying case types where A&A is appropriate: distinct and reasonably ancillary matters

Read about how to determine if you need to make a fresh grant of Civil A&A and distinct and ‘reasonably ancillary’ matters across various case types.

Distinct matters Ancillary matters Category codes Diagnostic interview Uplift to Standard fresh application Regulation 8A.

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance and the basic limits of expenditure: which level applies?

What initial authorised expenditure limit applies to a grant of A&A in various circumstances?

£95 £180 Initial Authorised Expenditure Level ABWOR initial limit

  • Civil Guidance
  • Advice and Assistance application procedures

Authority to exceed the initial expenditure limit for advice and assistance: template increases

Read about the process for gaining authority to exceed the initial limit of expenditure: the use of templates for increases in certain cases.

Civil Increases Civil Templates Increases limit of expenditure templates authorised expenditure prior authority

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance: non-templated increases

This page includes information on how to apply for non-templated increases in expenditure under civil A&A. It covers the information you should provide us with; case-related factors to address in your application; the process for reconsideration of refused increases; the process for urgently needed increases; whether authority for retrospective increases is available; and other guidance you may wish to consider.

Non Template Increase Civil Increase AA ABWOR limit of expenditure

  • Civil Guidance
  • Advice and Assistance application procedures

Providing advice and assistance to children

Read about provision of A&A to children, including who may apply on a child’s behalf, and your role in assessing a child’s ability to instruct.

Children Child Application application on a child’s behalf Under 16 Capacity Curator ad litem Children (Scotland) Act 1995 ability to instruct

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance and changes of nominated solicitor

Read about arrangements for changes of nominated solicitor in A&A, including criteria we apply to requests, and procedure for changes or transfers.

Change of nominated solicitor in A&A Transfer of A&A

  • Civil Guidance
  • Advice and Assistance application procedures

Second solicitor giving advice and assistance on the same matter: prior authority required

Learn about the criteria that must be met for us to give our approval for a second solicitor to give advice and assistance on the same matter.

Duplicate applications Second grant of A&A Prior Authority same matter

  • Civil Guidance
  • Advice and Assistance application procedures

Procedure for withdrawing from giving advice and assistance

Find out what you need to do if you wish to withdraw from providing Civil Advice and Assistance

Withdrawal from acting Cease to act Regulation 13

  • Civil Guidance
  • Advice and Assistance application procedures

Private client charging after a grant of advice and assistance has ended: what you must do

Find out about arrangements for charging a client after a grant of A&A has ended, and what you must make sure the client agrees to.

End of A&A Rates after A&A Private paying client private client charging

  • Civil Guidance
  • Advice and Assistance application procedures

Rule on the simultaneous provision of A&A and civil legal aid

This page sets out the prohibition on the simultaneous provision of A&A and civil legal aid

Advice & Assistance Civil Legal Aid simultaneous A&A and legal aid

  • Civil Guidance
  • Advice and Assistance financial verification

Financial verification for advice and assistance: introduction

An introduction to the financial verification required for Civil Advice and Assistance

Financial Verification Civil Advice and Assistance Income Verification Capital Verification Eligibility

  • Civil Guidance
  • Advice and Assistance financial verification

Financial verification for advice and assistance: general principles

The general principles behind financial verification requirements for Civil Advice and Assistance    

Financial Verification Income Verification Capital Verification Civil Advice and Assistance Documentary Evidence Eligibility

  • Civil Guidance
  • Advice and Assistance financial verification

Advice and assistance eligibility and financial verification: The client’s responsibilities

The applicant’s responsibilities and what they should understand in regard to Civil Advice and Assistance and Financial Verification required     

Applicant responsibilities Financial Verification False Information

  • Civil Guidance
  • Advice and Assistance financial verification

Advice and assistance and financial eligibility: assessment of capital

Learn about the forms of capital and documentary evidence required or passport/non passport benefits when for advice and assistance.

Financial Assessment Capital Eligibility Keycard Bank Account Bank Statement Bank App Screenshot Print Out Savings Account Shares Bonds Stocks Investments Property Insurance Policies Trust Fund Assets Business Will Caravan Boat Car Jewellery Antiques National Savings Certificates Partner

  • Civil Guidance
  • Advice and Assistance financial verification

Advice and assistance and financial eligibility: assessment of income

Read about the assessment of income in determining eligibility for Civil Advice and Assistance and evidence you need to view.     

Financial Assessment Income Verification Keycard Earnings Wages Payslips Self Employed Business Accounts Self Assessment Tax Return

  • Civil Guidance
  • Advice and Assistance financial verification

Advice and assistance and financial eligibility: cases where no documentary evidence of eligibility is immediately available

Read about our position in relation to cases where no documentary evidence of eligibility is immediately available for financial verification.

No Financial Verification No Income Verification No Capital Verification No Documentary Evidence Initial Meeting

  • Civil Guidance
  • Advice and Assistance financial verification

Advice and assistance and financial verification in prisoners’ cases: aggregation of partner’s resources

Learn how to aggregate partner’s resources in prisoner cases for financial verification in civil A&A.

Prison Prisoner Partner Relationship Married Partner Resources Separated Separate and Apart Contrary Interest Conflict of Interest Unjust Inequitable

  • Civil Guidance
  • Advice and Assistance financial verification

Advice and assistance and financial verification: preferred age of documentary evidence

The age of the Documentary Evidence required for Civil Advice and Assistance    

Documentary Evidence Age Recent Eligibility Payslip Bank Statement Benefit Award letter Business Accounts

  • Civil Guidance
  • ABWOR in civil proceedings

The scope and availability of ABWOR in civil proceedings

Find out what the scope and availability of ABWOR and what proceedings it is availble for.

ABWOR tribunal hearing first tier tribunal upper tribunal

  • Civil Guidance
  • ABWOR in civil proceedings

Proceedings requiring our prior approval before granting ABWOR

Learn which proceedings you need our prior approval to provide ABWOR to your client.

ABWOR application appointment of executor first tier tribunal upper tribunal eligibility for ABWOR effective participation

  • Civil Guidance
  • ABWOR in civil proceedings

Financial eligibility tests for ABWOR: case type exemptions

Find out where exemptions apply for ABWOR.

free ABWOR non means tested ABWOR

  • Civil Guidance
  • ABWOR in civil proceedings

Your responsibility to decide on your client’s eligibility for ABWOR

Read about your responsibilities when assessing your client’s eligibility for ABWOR.

ABWOR Assessment Capital

  • Civil Guidance
  • ABWOR in civil proceedings

Requirement for our prior approval for certain ABWOR cases: tests applied

View the tests you will need to satisfy to obtain our prior approval to provide ABWOR to your client in certain proceedings.

Reconsideration refusal of ABWOR applying for ABWOR ABWOR tests ABWOR requirements

  • Civil Guidance
  • ABWOR in civil proceedings

Civil ABWOR: the limit of authorised expenditure

View the amount of authorised expenditure initially available for ABWOR and how to increase this.

Expenditure limit Authorised expenditure ABWOR Fees expenditure limit

  • Civil Guidance
  • ABWOR in civil proceedings

Exemptions to rules on property recovered or preserved in Upper Tribunal proceedings

View a list of the legislation where property recovered or preserved in Upper Tribunal proceedings is exempt.

Property recovered preserved recovered or preserved clawback exemptions Upper Tribunal

  • Civil Guidance
  • Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

The use of counsel under Advice and Assistance

Find out more about obtaining authorised funding for counsel under A&A.

Increase for counsel Third parties Authorised expenditure ABWOR

  • Civil Guidance
  • Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Advice and assistance increases for expert witnesses who are based at a considerable distance from the court and your client: factors to address

View instances where A&A increases for expert witnesses that are located at a distance from the court and your client with the factors to address.

Increase for an expert choice of expert location of expert distance witnesses choice

  • Civil Guidance
  • Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Advice and assistance increases for mediation

Find out about the conditions that have to be met for mediation to be considered outlay in your account under advice and assistance.

increase for mediation mediation mediation increase mediation cost mediation fee

  • Civil Guidance
  • Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Limited availability of advice and assistance for tracing relatives or witnesses: “fishing enquiries”

Discover when it is acceptable to trace a relative, party or witness and the implications on the availability of advice and assistance.

Tracing witness fishing enquiries relatives advertising tracing witness tracing relative relative

  • Civil Guidance
  • Increases for different types of case under A&A and ABWOR

TOOL: A&A increases and templates guide

Access guidance and easily check if a templated increase is available on Legal Aid Online for the type of A&A case you are working on.

A&A increase A&A increases template A&A template A&A templates. template increase non-template increase LAOL increase legal aid online increase advice and assistance increase Adoption Aliment Anti-social behaviour orders ASBOs Appeals CICA Convention case Applying for civil legal aid parental rights parental responsibilities Asylum Asylum appeals Bonds of caution in executries Caveats Child abduction Child Maintenance Service Contact residence Conveyancing Transfer of family home between spouses cohabitees separation divorce dissolution civil partnership Criminal injuries compensation claims Crofting Curators ad litem Declarator of parentage Defending action under the Convention Diligence Employment tribunals European agreement transmission of legal aid applications European Court of Human Rights Executry Failure to obtemper court orders Fatal Accident Inquiries FAI Guardianship Home visit hospital visit prison visit Housing Interdict Judicial review Mental Health (Care and Treatment)(Scotland) Act 2003 mental health Minutes of agreement Naturalisation as a British citizen Non-harassment orders Payment actions Pension splitting Pensions Power of Attorney Recovery of heritable property Reparation Sexual offence prevention order Simple Procedure Social security Watching brief Welfare benefit analysis Wills

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Introduction to civil A&A accounts legislation

Learn about the legislation applicable to Civil A&A accounts.

Civil A&A accounts legislation introduction

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Basis on which we assess requests for payment of AA fees and outlays: the standard of taxation

Learn about the standard of taxation we apply to the assessment of A&A accounts.

Accounts assessment basis for taxation standard of taxation taxation

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Tables of fees available for civil advice and assistance

Read an explanation of the table of fees available for civil A&A and ABWOR and access a link to them.

Civil A&A fees table of fees Schedule 3

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Cases where you are not due payment from the Fund: restrictions on what you can charge your client

Find out what you can charge your client where payment is not due from the Fund, including relevant rates and limits.

Charging the client where no Fund payment due client charging charge client private fees

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Civil legal aid already in place

Find out the position on providing both A&A and civil legal aid in parallel

Giving advice and assistance when civil legal aid is in place/granted interaction between A&A and legal aid linked A&A and legal aid parallel A&A parallel legal aid already in place

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

What information should you supply with your civil A&A account?

Find out what you need to supply when seeking payment of your civil advice and assistance account.

Account narrative accounts information required for assessment documents to supply required information accounts information

  • Civil Guidance
  • Payment under civil advice and assistance

Assessment of advice and assistance accounts: providing proportionate advice and potential abatements

Discover more about how to provide proportionate advice and potential abatements.

Proportionate advice abatements unnecessary advice advice and assistance accounts assessment of accounts reasonable advice payment for advice

  • Civil Guidance
  • Payment under civil advice and assistance

Payment under advice and assistance

Find out at what point you can charge for providing A&A and circumstances in which you must apply the financial test even where free ABWOR is available.

Advice and assistance accounts Regulation 8 free ABWOR when can I charge for A&A lodging an account criteria charge advice payment for work done

  • Civil Guidance
  • Payment under civil advice and assistance

“First port of call” provisions: payment sources to look to before making a claim on the Fund

Read about the hierarchy of payment sources, and the order in which you should look to them for payment (i.e. contributions and property recovered/preserved).

Hierarchy of payment first port of call sources of payment claims on the Fund contributions Section 12 payment soucre property recovered property preserved recovered preserved

  • Civil Guidance
  • Payment under civil advice and assistance

How to calculate and seek payment for A&A: the role of expenses/property recovered or preserved

Read about seeking payment of your A&A account from property recovered or preserved and the exceptions in which you may look to other sources.

Property recovered or preserved hardship applications Regulation 16(3) payment from the Fund sources of payment AA/HARDSHIP property recovered property preserved recovered property preserved property

  • Civil Guidance
  • Payment under civil advice and assistance

Payment for A&A where claiming judicial expenses: no claims on Fund or your client

Read about the restrictions on claiming payment from the Fund or your client where you are accepting judicial expenses.

Judicial expenses expenses in lieu payment from the client

  • Civil Guidance
  • Diagnostic interview

Payment for diagnostic work where standard A&A later becomes available

Find out when standard advice and assistance should be effectively substituted for your diagnostic interview.

further diagnostic grant diagnostic A&A diagnostic advice and assistance

  • Civil Guidance
  • Diagnostic interview

Submission of diagnostic advice and assistance accounts: timebar after three months

Find out why you must submit your diasnostic account within three months of the conclusion of advice and assistance.

diagnostic account diagnostic A&A account three months three month time bar three month account

  • Civil Guidance
  • Diagnostic interview

Diagnostic advice and assistance: definition and expenditure limit

Find out what diagnostic advice and assistance covers and what your expenditure limit is.

diagnostic advice and assistance diagnostic A&A diagnostic expenditure diagnostic limit

  • Civil Guidance
  • Who may give advice and assistance and ABWOR

Understanding what is properly chargeable in accounts: who can provide advice and assistance?

This page provides a reminder of the importance on understanding who may actually provide A&A, and provides an overview of relevant information.

Properly chargeable who may provide advice and assistance unqualified persons delegation

  • Civil Guidance
  • Who may give advice and assistance and ABWOR

Advice and assistance accounts: delegation of work to unqualified person

Find out about the tasks which unqualified persons may be delegated, including a number of examples of appropriate and inappropriate delegation.

Unqualified persons delegation chargeable tasks definition of advice and assistance

  • Civil Guidance
  • Who may give advice and assistance and ABWOR

AA/ABWOR accounts: what counts as ‘representation’

Find out about how ‘representation’ is defined for the purposes of understanding what is chargeable in an A&A account, with a number of examples.

Representation trainees steps in proceedings preparation chargeable work

  • Civil Guidance
  • Who may give advice and assistance and ABWOR

Advice and assistance accounts: can I undertake chargeable work if my practicing certificate has been restricted?

Find out the implication of a restricted practicing certificate on whether you can undertake chargeable work under A&A.

Restricted practicing certificate chargeable work suspension of practicing certificate entitlement to practice

  • Civil Guidance
  • Who may give advice and assistance and ABWOR

Can I delegate advice and assistance to an out of house professional?

Find out the rule on the delegation of advice and assistance to other out of house professionals such as accountants.

Delegation out of house professional outsourcing accountant financial adviser

  • Civil Guidance
  • Who may give advice and assistance and ABWOR

Employment of and payment for counsel under A&A: prior authority required

Find out when you need to obtain prior authority to employ counsel under A&A.

Employment of counsel counsel and A&A delegation of work to counsel prior authority

  • Civil Guidance
  • Issues arising with different types of A&A

Requirement for increase to be granted and implications for property recovered or preserved for conveyancing work

Conveyancing work is only chargeable at advice and assistance rates if we have granted an increase to carry out this work.

conveyancing conveyancing increase

  • Civil Guidance
  • Issues arising with different types of A&A

Increases and cost-sharing between parties in family mediation

Learn more about increase and fees in family mediation under advice and assistance.

mediation family mediation increase for mediation mediation fee shared between parties

  • Civil Guidance
  • Issues arising with different types of A&A

No fees payable for precognitions for Criminal Injuries Compensation Agency work

Learn why we will not pay for precognitions for Criminal Injuries Compensation Agency work in advice and assistance cases.

  • Civil Guidance
  • ABWOR

What is ABWOR and who may provide it?

Find out what ABWOR is for submission of your accounts.

  • Civil Guidance
  • ABWOR

Proceedings you need our prior approval to provide ABWOR in

View the proceedings you need our prior approval to be paid for providing ABWOR in.

ABWOR prior approval ABWOR accounts

  • Civil Guidance
  • ABWOR

ABWOR accounts and the employment of counsel: requirement of prior approval and charges for unauthorised advocacy

Learn about applying for our prior approval to cover your ABWOR account for the cost of an opinion, a consultation or representation by counsel.

ABWOR increase ABWOR counsel ABWOR senior counsel ABWOR advocate

  • Civil Guidance
  • ABWOR

When are affidavit charges payable in ABWOR cases?

View guidance and examples of when we will pay for affidavits in ABWOR cases.

affidavit ABWOR affidavit

  • Civil Guidance
  • ABWOR

Block fees payable and charges subsumed under ABWOR in sequestration proceedings

Learn about the block fees payable and other charges in sequestration proceedings under ABWOR.

sequestration sequestration ABWOR ABWOR block fees

  • Civil Guidance
  • ABWOR

ABWOR payments for hearings before tribunals

Find out about payment for representing your client at a tribunal hearing under ABWOR and potential issues to avoid.

tribunal hearings ABWOR tribunal hearing tribunal hearing payment

  • Civil Guidance
  • ABWOR

Factors to consider and payment implications when instructing local agents for your ABWOR accounts

View factors to consider when instructing a local agent in ABWOR cases.

ABWOR local agent local agent

  • Civil Guidance
  • ABWOR

Specific information and justification required for our assessment of fees for preparation work

Find out why you need to submit certain information and provide justification for preparation work in ABWOR cases.

ABWOR preparation

  • Civil Guidance
  • Travel

A&A general rules for travel-related charges: client should travel to you, and methods of travel

Find out more about the general rules for travel in the context of civil A&A accounts, including on methods of travel.

Travel travelling cost of travel travel to client methods of travel

  • Civil Guidance
  • Travel

A&A charges for consecutive days’ travel: is it cost effective?

Find out when we will pay for travel to the same location on consecutive days.

Overnight travel consecutive travel

  • Civil Guidance
  • Travel

When does travel become chargeable under A&A? Information you must be satisfied on

Find out the information you need to be satisfied about before you will be paid to travel to meet a client.

Charges for travel when is travel chargeable conditions for travel charges travel charge

  • Civil Guidance
  • Travel

A&A travel costs: steps you should take to ensure costs will meet the statutory tests

Find out some steps you can take to ensure that the additional cost of travel is kept to a minimum.

Travel planning travel travel-related guidance travel rules accounts rules

  • Civil Guidance
  • Travel

Payment for travel outwith normal hours: what location will we pay you from?

Find out how your travel will be paid when carrying out work outwith normal working hours.

Travel outwith normal hours business address payment and location

  • Civil Guidance
  • Travel

Advice and Assistance accounts and travel: flat mileage rate payable and parking charges

Learn useful information about the milage allowance, VAT and parking charges for your A&A account.

Mileage rate VAT parking charges travel costs

  • Civil Guidance
  • Travel

Payment for travel and the appropriate apportionment of cost between clients: general policy

Find out about how travel costs should be apportioned where you have multiple clients, including various examples.

Apportionment of travel costs multiple clients recording of travel

  • Civil Guidance
  • Travel

Travel costs for one destination: attending on multiple clients and when to round up time spent

Learn how to apportion time and costs when travelling to attend multiple clients.

Travel to see more than one client

  • Civil Guidance
  • Travel

Travel costs where multiple destinations: how to appropriately allocate costs where equal apportionment is not possible

Read about how to allocate costs where equal apportionment cannot be done, including a worked example.

Travel to multiple destinations non-equal apportionment attributing travel costs

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Introduction to advice and assistance: property recovered and preserved provisions

Read an introduction to the issue of property recovered and preserved in civil A&A.

Where to get payment of your advice and assistance account hierarchy of payment fees and outlays clawback

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Payment of A&A fees and outlays: the hierarchy of payments and where you should look to for payment

Find out about the different sources you should look to for payment of your account and their hierarchy.

Hierarchy of payments Payment of advice and assistance account Payment from the Fund

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Our definition of property recovered or preserved (advice and assistance)

Learn our definition of property recovered or preserved in advice and assistance, and find various examples.

Recovered Recovery Preserved Preservation Clawback Difference between civil and A&A Half sharing Exempt exemption what is property definition

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Property recovered or preserved where your client received both A&A and civil legal aid

Read about how payment for A&A/civil legal aid accounts are linked where property is recovered or preserved, and differences between civil and A&A in this area.

Recovered Recovery Preserved Preservation Clawback Difference between civil and A&A Half sharing Exemptions Releasing money Retaining sufficient sums to cover accounts linked A&A

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Hardship applications: grave hardship or distress to client or undue difficulty or delay recovering the money – Reg. 16(3)

Read an overview of the two types of hardship applications in civil advice and assistance and what they mean for payment of your account.

Hardship applications Distress Grave distress Delay Undue delay Refused Reg 16(3) payment from the Fund

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Client hardship applications: Regulation 16(3)(a)

Find out about the advice and assistance hardship application based on hardship to your client, and information you should provide with these applications.

Client hardship Hardship 1 Grave hardship Distress Client unable to pay Reg 16

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Solicitor hardship applications: difficulty or delay in recovering from the applicant

Find out about the hardship application process for when you’re facing difficulty or delay in recovering from the applicant, including examples.

Solicitor hardship Hardship 2 Undue difficulty Delay Delay in getting payment from client Future recovery Tried to recover

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Clawback and transfers of agency

Find out about the payment implications of transfers of agency in cases where clawback may be an issue.

Transfer of agency No longer acting Previous solicitor’s advice and assistance account Action ongoing

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Review of our refusal under regulation 16(3)(a) or (b)

Find out about how you can appeal a hardship refusal.

Hardship decision Refused Appeal decision Review

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Clawback: our right to recover sums paid out of the Fund from the applicant

Learn about what right we have to recover any expenses or property recovered or preserved by your client to reimburse the legal aid fund.

Future recovery Applicant will have to pay in the future

  • Civil Guidance
  • Expenses

Expenses in favour of an assisted person

Find out about provisions relating to expenses in favour of assisted persons, including factors in whether to seek, and our powers in this area.

Expenses awarded Should I seek an award of expenses Paying expenses to SLAB expenses in favour factors in seeking expenses

  • Civil Guidance
  • Expenses

Expenses against the assisted person

Read about arrangements for when expenses are awarded against an assisted person, including liability and the process for modifying or reassessing an award.

Expenses expenses against assisted person liability of client for expenses modification of expenses reassessment of expenses due

  • Civil Guidance
  • Expenses

Expenses of unassisted party out of the Legal Aid Fund

Find out about the circumstances in which an unassisted person’s expenses may be paid from the Fund and procedural information on Section 19 motions.

Expenses expenses of unassisted parties Section 19

  • Civil Guidance
  • Expenses

Awards of judicial expenses

Find out when you may accept an award of judicial expenses, the implications for lodging your accounts, and read general guidance on this topic.

Accepting expenses Not accepting expenses Judicial expenses Accepting expenses and advice and assistance account

  • Civil Guidance
  • Expenses

Judicial expenses and private charging for work done before legal aid was granted

Judicial expenses and private charging for work done before legal aid was granted.

Expenses and private charging speculative agreements private feeing Section 32 judicial expenses work done before legal aid in place

  • Civil Guidance
  • Contempt of court

Who can provide legal aid for contempt of court? Legal aid registration requirements

Find out the eligibility requirements for providing legal aid for contempt of court proceedings.

Contempt of court Children’s Legal Aid Register Civil Legal Aid Register Criminal Legal Aid Register

  • Civil Guidance
  • Contempt of court

General scope of legal aid in contempt of court proceedings

Find out what is covered by legal aid for contempt of court proceedings, the powers of the court and what could instead be covered by civil/criminal legal aid.

Contempt of court Section 30(1)

  • Civil Guidance
  • Contempt of court

Availability of legal aid for contempt of court proceedings

Learn what work is covered by legal aid for contempt of court proceedings.

Section 30(1) Section 30(3) contempt of court work contempt appeal

  • Civil Guidance
  • Contempt of court

Contempt proceedings at first instance: power of the court to assign solicitor or counsel

Learn about the power the court has to assign solicitors or counsel in contempt of court proceedings

Section 30(2) Court assigning a solicitor or counsel

  • Civil Guidance
  • Contempt of court

Legal aid in contempt proceedings at the first instance: applying to the court and eligibility criteria

Find out about the definition of ‘court’, how to apply for contempt of court legal aid and the court’s duty to inform us about your grant.

Section 30 Contempt of court proceedings CRIM/COURT/APP form

  • Civil Guidance
  • Contempt of court

Legal aid in contempt appeals: applications to us and tests applied

Applying for legal aid for an appeal against a contempt of court decision

Find out how you have to apply what we consider and the availability of special urgency in applications for legal aid to appeal a contempt decision.

  • Civil Guidance
  • Contempt of court

Contempt of court: refusals of legal aid

Learn about your rights to a review, the power of the court to determine interests of justice and payment information under Secretary of State’s Determination.

Reconsideration of initial decision

  • Civil Guidance
  • Contempt of court

Sanction in contempt of court cases

Find out when counsel and expert witnesses are available and when you need our prior approval.

Contempt proceedings counsel expert witnesses prior authority prior approval unusually large expenditure unusual work

  • Civil Guidance
  • Contempt of court

Termination of legal aid in contempt cases: application of Regulation 8 and implications

Find out when legal aid can be terminated in contempt proceedings.

Termination of contempt legal aid failed to comply knowingly made a false statement conducted themselves unreasonably wilfully or deliberately given false information.